My car was totaled a couple months ago. so I've been renting cars to meet him (he lives 2hrs away), but I can't afford to keep renting and pay for gas. So I'm saving to get another vehicle. He's now threatening to take me back to court although he knows my situation, what should I do?
answered on Feb 7, 2023
Get a consultation with a lawyer to review your court order and advise you on how to proceed. The lawyer may be able to help you work out an agreement or modification of your court order.
She wants custody of the kids who my fiance has primary custody
answered on Jan 30, 2023
Your best course of action is to document, document, document. You might also benefit from having a consultation with a lawyer who is experienced in both DSS investigations and private custody cases.
answered on Jan 30, 2023
In your court Order, there is likely language that designates one parent as the custodian and the other parent as the visiting parent; or, the "visiting parent" is the parent who has less time with the child(ren) overall. You may need to schedule a consultation with a family court lawyer... Read more »
Mother, father, and child live together in the child’s birth state. Mother has lived in that state for almost one year and the child is 6 months old, she plans to visit her home state. Father says it’s not a good idea since child has been sick. Mother goes and then calls father and says she... Read more »
answered on Jan 30, 2023
Most states have enacted a version of the Uniform Child Custody Jurisdiction Enforcement Act (referred to as the "UCCJEA"), and the typical provisions of the UCCJEA provide that an initial custody case can only be brought in the "home state" of the child; for a child who is an... Read more »
If you lost primary custody temporarily before the final hearing, but a third party had come forward and filed for emergency custody against the other parent, are you able to regain custody instead of the third party before the final hearing?
answered on Jan 30, 2023
You have not provided very many facts of your specific situation so it's impossible to suggest what might be appropriate for your case. That being said, custody determinations (either temporary or final) are always modifiable by the Family Court.
I had my son when his father and I were split up. His father is not on the birth certificate. Our son is 3 months old and we are now back together. We’ve been back together in a relationship since our son was 2 weeks old. His father and I do not live together. I work and his father helps... Read more »
answered on Jan 30, 2023
Medicaid is funded by the federal government. For any South Carolina resident to receive those funds, federal law requires the person to seek child support from the other parent. However, the process for establishing child support through DSS is very cooperative, and you may be able to agree to him... Read more »
My ex was abusive towards me, and im scared it would lead to them in the future. Hes been inconsistent with them, this is the 3rd time he vanished on them for months and randomly popped back up. Abandoned us to be evicted from 2 houses now, i didnt have a vehicle and he took my carseats so we were... Read more »
answered on Nov 11, 2022
The administrative process for establishing child support that is available through the Department of Social Services does *not* include any ability to establish custody/visitation. However, it is common that when one parent tries to use that process to get support, then the other parent will file... Read more »
I'm anticipating an unpleasant custody dispute in near future and I'm trying to prepare. My former partner receives a significant amount of childcare support from her mother. However, her mother had never received a driver's license. She also lives with her long-time boyfriend who is... Read more »
answered on Nov 11, 2022
Choosing inappropriate caregivers is something the Family Court may consider when deciding custody. Allowing the grandmother who does not have a drivers license to drive the child demonstrates poor judgment. The immigration status of people living with the grandmother is likely to have little, if... Read more »
Mother left spouse and children in 2012. She has not been in contact with, sent money or anything in those 10 years. I want to make sure I protect my children. I just don't know if I should file for divorce first or if i should file for the abandonment of the children first.
answered on Nov 11, 2022
In South Carolina, Rule 18, SCRCP, requires that all claims that *can* be brought at the same time *must* be brought at the same time. The South Carolina Family Court is unlikely to grant a divorce until issues related to your children are resolved. Chances are, filing for divorce and custody at... Read more »
answered on Sep 2, 2022
First, I am not a South Carolina lawyer. That being said, unfortunately if the appeal deadline has been missed -- for whatever reason-- I think your appeal period has closed.
This involves the custodial parent moving more than 15 miles from a present location which would encumber all the details of the custodial agreement.
answered on Aug 25, 2022
I'm a little bit confused by your question, but it seems like you are asking whether a court order can be modified based on the custodial parent moving more than 15 miles from their current location because the relocation would make the terms of the agreement difficult to follow.
Court... Read more »
During a separation I started seeing a girl, decided that didn't work out. Over a year later she's wanting a DNA test for a child I didn't know about. She has another man on the certificate, I also want to sign my rights over if the child is mine. What can I do? What happens if her... Read more »
answered on Aug 25, 2022
It's unclear whether the mother of the child has filed an action in Family Court. If she were to do so, then the Court could order you to undergo DNA testing. Assuming you are the biological father of the child, and you want to terminate your rights, then you would need to sign a "Consent... Read more »
In the case the defendants will have to pay us child support but the court is going to use a statum of minimum wage as a basis. I know that they have a higher income, so would like the judge to make them fill out a financial verification form so that I could use the information as part of the... Read more »
answered on Aug 25, 2022
It sounds like you may have placement of a child as part of an action brought by the Department of Social Services.
SCRFC Rule 20 requires a financial declaration to be completed in any action in which the financial condition of a party is relevant. If you are a party to the case, you can... Read more »
answered on Aug 25, 2022
Under the Uniform Child Custody Jurisdiction and Enforcement Act, which each state has a version of, only the "home state" of the child has jurisdiction to decide custody of the child.
If the child has never lived in SC, then SC does not have jurisdiction to decide custody.... Read more »
My two year old is being diagnosed with autism and speech delay. The biological father has been in and out of her life since birth and now has been no contact with the child in question since march and it's now almost September... By the time the next court hearing happens it will be close to... Read more »
answered on Aug 25, 2022
S.C. Code Ann. Section 63-15-240(B) requires the Family Court to consider the best interests of the child when determining custody, including the temperamental and developmental needs of a child, the capacity and disposition of the parents to understand and meet the needs of the child, and the past... Read more »
What should I do?
July 15th through 17th 2022
Aidyn told me his father fed him twice this last weekend between Friday to Sunday.
K'Ami said he left them Friday evening and came back 5am Saturday morning leaving her to babysit her 8 year old disabled brother and 11... Read more »
answered on Aug 3, 2022
If you have a lawyer, then this is information you need to share with them. If there is a Guardian ad Litem appointed to your case, then you should share the information with them too.
shared legal custody and I have sole physical custody.
answered on Aug 3, 2022
Parents can agree on anything they want with regard to their children. However, if the agreement is not part of a court order, then neither party can really enforce the agreement if the other parent chooses not to follow it.
answered on Aug 3, 2022
When parental rights are terminated, then the obligation to support the child is also terminated; however, if the parent has past due child support, then those arrears continue to be owed (unless there's a Court order otherwise).
answered on Jul 6, 2022
Based on S.C. Code Ann. Section 63-7-20(4)(a), generally, corporal punishment is allowed in South Carolina as long as it is administered by a parent or person in loco parentis; is perpetrated for the sole purpose of restraining or correcting the child; is reasonable in manner and moderate in... Read more »
answered on Mar 30, 2022
Was your first hearing a final hearing or a temporary hearing? If it was a temporary hearing you cannot file an appeal, unfortunately. The good news, however, is that you still have a chance at a favorable outcome in the next hearing so try not to worry too much.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
